Resolution No. 2023-01 | Tentative Map (TM 22-05) Subdivide Property into Two Parcels | Adopted 01/19/20231
RESOLUTION NO. 2023-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF GILROY RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF A TENTATIVE MAP TO
SUBDIVIDE PROPERTY INTO TWO PARCELS, LOCATED
AT 6955 CAMINO ARROYO, APN: 841-70-045 (FILE NUMBER
TM 22-05)
WHEREAS, On October 10, 2022 an application was filed by Joseph Tichar representing
Joule Crossing Owner, LLC proposing the subdivision of a parcel at 6955 Camino Arroyo within the
C3/HC/M2-PUD, Commercial/Industrial Planned Unit Overlay zone district; and
WHEREAS, the application submittal was accepted as complete on November 9, 2022; and
WHEREAS, the proposed subdivision qualifies as exempt from further environmental review
and qualifies for the State CEQA Guidelines Class 15 Exemption, Minor Land Divisions, because the
proposed subdivision results in less than four parcels, is in conformance with the City’s General Plan
and Zoning, seeks no exceptions or variances, and all services and access to the resulting parcels is
available; and
WHEREAS, the Planning Commission held a duly noticed public meeting on January 19,
2023 at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project; and
WHEREAS, the City may deny a tentative map only if, based upon substantial evidence in
the record, it makes one or more of seven listed findings for denial prescribed by Government Code
Section 66474. Staff has reviewed the findings and concluded that project denial based on these
findings would not be supported, and alternatively, that each of the seven findings may be made to
support approval of the project; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which the project approval is based is the Community Development
Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby finds as follows:
1. The proposed Tentative Map is consistent with the goals and policies of the City's General
Plan and the General Services Commercial land use designation given that the commercial lot
split would not require or result in any physical changes to the site use or improvements.
Further, the site is not covered by a specific plan as specified in Government Code Section
65451.
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2. The design or improvement of the proposed subdivision is consistent with the applicable
general plan given that the parcel split does not involve any changes to existing land uses, and
the lot size, shape and location complies with the 2040 General Plan General Services
Commercial land use designation.
3. The site is physically suitable for the type of development given that the property is already
developed with commercial uses in compliance with all codes and standards, does not require
any modified improvements or restrictions, does not have unique physical constraints, the size
and geometry of the property comply with all applicable codes and ordinances, and there are
no exceptions requested or proposed to the site development standards.
4. The site is physically suitable for the proposed density of development, given that the
resulting lots would accommodate existing buildings and parking required for the sites after
subdivision, consistent with the City Zoning Ordinance and the 2040 General Plan
commercial land use designation.
5. The design of the proposed subdivision TM 22-05 or the proposed improvements will not
cause substantial environmental damage or injure fish or wildlife or their habitat given that the
site is already developed and would not require any new or modified improvements, and is not
in or adjacent to any sensitive habitat areas. No significant environmental impacts would
occur as a result of this project.
6. The design of the subdivision or type of improvements is not likely to cause serious public
health problems given that public utilities and infrastructure improvements to serve the
proposed parcels are currently in place as evidenced by the existing development on the site.
Further, the project is consistent with the City’s Zoning Ordinance, the City's Subdivision and
Land Development Code, and the State Subdivision Map Act in that the proposed subdivision
does not alter the existing uses or result in parcel or development condition that would
conflict with City regulations.
7. The design of the proposed subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision. In this connection, the governing body may approve a map if it finds
that alternate easements, for access or for use, will be provided, and that these will be
substantially equivalent to ones previously acquired by the public. This subsection shall apply
only to easements of record or to easements established by the judgment of a court of
competent jurisdiction and no authority is hereby granted to a legislative body to determine
that the public at large has acquired easements for access through or use of property within the
proposed subdivision.
8. The project proposal qualifies for the State CEQA Guidelines Class 15 Exemption, Minor
Land Divisions, because the proposed subdivision results in less than four parcels, is in
conformance the City’s General Plan and Zoning, seeks no exceptions or variances, and all
services and access to the resulting parcels are available.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of
the City of Gilroy hereby recommends to the Gilroy City Council approval of Tentative Map
Application No. TM 22-05, subject to the conditions attached hereto as Exhibit A.
PASSED AND ADOPTED this 19th day of January, 2023 the following roll call vote:
AYES: Bhandal, Kushner, Elle, Leongardt, Lewis, Ramirez, Montez
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
_____________________________ _____________________________________
Sharon Goei, Secretary Manny Bhandal, Chairperson
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EXHIBIT A
TENTATIVE MAP CONDITIONS OF APPROVAL
GILROY CROSSING LOT SPLIT
TM 22-05
PLANNING DIVISION CONDITIONS
The following GENERAL conditions authorize specific terms of the project
ENTITLEMENT(S).
1. APPROVED PROJECT: Tentative Parcel Map TM 22-05 approval is granted to
subdivide 11.26 acres into two (2) commercial parcels as shown on the proposed map
prepared by Kimley Horn, designated KHA project 197422005, with the title “Sheet TM
1, Gilroy Grossing, 6975 Camino Arroyo”, with preparation date 09/08/2022.
Any future adjustment or modification to the plans, including any changes made at time
of building permit submittal, shall be considered by the Community Development
Director or designee, may require separate discretionary approval, and shall conform to
all City, State, and Federal requirements, including subsequent City Code requirements or
policies adopted by City Council.
2. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply
with any of the conditions of this permit, the Developer, owner or tenant shall be subject
to permit revocation or enforcement actions pursuant to the City Code. All costs
associated with any such actions shall be the responsibility of Developer, owner or tenant.
3. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at
Developer’s own expense, to defend, indemnify, and hold harmless the City of Gilroy
(“the City”) and its officers, contractors, consultants, attorneys, employees and agents
from any and all claim(s), action(s) or proceeding(s) brought against the City or its
officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set
aside, void or annul the approval of this resolution or any condition attached thereto or
any proceedings, acts or determinations taken, including actions taken under the
California Environmental Quality Act of 1970, as amended, done or made prior to the
approval of such resolution that were part of the approval process.
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL
MAP, or other deadline as specified in the condition.
4. TENTATIVE MAP: An approved tentative parcel map, which shall expire twenty-four
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(24) months from the approval date, may be extended pursuant to the provisions of the
Map Act.
5. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions,
and restrictions (CC&Rs) applicable to the project property shall be consistent with the
terms of this permit and the City Code. If there is a conflict between the CC&Rs and the
City Code or this permit, the City Code or this permit shall prevail.
PUBLIC WORKS CONDITIONS OF APPROVAL
The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL
MAP, or if another deadline is specified in a condition, at that time.
6. DRIVEWAY ACCESS EASEMENT: The applicant or owner shall dedicate reciprocal
driveway ingress and egress easements. Said easements shall be approved by both affected
property owners. The easements shall be approved by the City Engineer, recorded with the
County Recorder’s Office, and a recorded copy of the document returned to the City prior to
any City permits. The easement may also be designated on any associated parcel or
subdivision map. (PUBLIC WORKS)
7. PARCEL MAP: It shall be the applicant's responsibility to have a parcel map, prepared by
a person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The
parcel map shall be approved by the Department of Public Works and recorded with the
County Recorder’s Office prior to the issuance of any City permits. A parcel map guarantee
shall be submitted to the City, by the applicant’s title company, prior to release of the parcel
map to the title company for recordation. Prior to the City’s release of the parcel map to the
title company, the applicant may, at the discretion of the City Engineer, be required to
submit to the City an electronic copy of the map in the AutoCAD Version being used by the
City at the time of recordation. It is the applicant's responsibility to check with their title
company and the County Recorder’s Office to determine the time necessary to have the map
recorded after City approval. (PUBLIC WORKS)
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